Partly allowed

Shri Imran S/O Riyazahmed Butler v. Smt. Sameena W/O Imran Butler

Karnataka HC3 Nov 2023WP/101175/2022

Case brief

AI extract

What is this about?

The High Court quashed part of the Family Court order regarding interim maintenance under Section 125 CrPC. The Court modified the award from Rs. 12,000 to Rs. 10,000 per month, citing the petitioner's reduced income due to COVID-19, while directing the Family Court to dispose of the main maintenance petition.

What did the court decide?

The interim maintenance of Rs. 12,000/- per month was reduced to Rs. 10,000/- per month, and the Family Court was directed to dispose of the main petition.

Shri Imran S/O Riyazahmed Butler Vs Smt… — Pension and Retirement Benefits | Karnataka HC (2023)

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NC: 2023:KHC-D:12861 WP No. 101175 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF NOVEMBER 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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WRIT PETITION NO. 101175 OF 2022 (GM-FC)

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BETWEEN:

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SHRI. IMRAN S/O RIYAZAHMED BUTLER, AGE. 37 YEARS, OCC. BUSINESS, R/O. H.NO.88, KRISHNAM MA GARDEN, 3^RD CROSS, J.C. NAGAR, BANGALURU, PIN NO-590019.

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… PETITIONER

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(BY SRI. VITTHAL S. TELI, ADVOCATE)

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AND:

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SMT. SAMEENA W/O IMRAN BUTLER, AGE. 37 YEARS, OCC. HOUSEHOLD, R/O. C/O. IBRAHIM BAGWAN, PLOT NO. 320, HANUMAN NAGAR, BELAGAVI, PIN NO-590019

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… RESPONDENT

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(BY SRI. MAHANTESH S. HIREMATH, ADVOCATE)

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Digitally signed by VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPIDate: 2023.11.07 10:35:53 +0530

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION IF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED 17^TH DAY OF JANUARY 2022 PASSED BY THE LD.JUDGE, FAMILY COURT, BELAGAVI IN CRIMINAL MISC.NO.258/2019 VIDE ANNEXURE-G.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2023:KHC-D:12861 WP No. 101175 of 2022

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ORDER

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The petitioner has sought for issue of writ of certiorari quashing the order dated 17.01.2022 passed by the Family Court, Belagavi, in Criminal Miscellaneous No.258/2019 (Annexure-G). The Family Court by order dated 17.01.2022 passed in Crl.Misc. No.258/2019 has allowed the interim maintenance application in part and directed this petitioner to pay interim maintenance of Rs.12,000/- per month to the respondent from the date of Application i.e. 11.02.2020 till the disposal of the petition.

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Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

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The petitioner is the husband and the respondent is the wife. The respondent-wife has filed a petition against this petitioner under Section 125 of the Code of Criminal Procedure seeking maintenance in Crl.Misc.No.258/2019. The respondent filed an application seeking interim maintenance in a sum of Rs.2,00,000/- per month. The

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3 - NC: 2023:KHC-D:12861 WP No. 101175 of 2022

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petitioner filed his statement of objections to the interim application. After hearing the arguments on both sides, the impugned order dated 17.01.2022 came to be passed awarding interim maintenance of Rs.12,000/- per month. The said order is sought to be quashed in this writ petition.

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The learned counsel appearing for the petitioner would contend that even though the petitioner has shown his gross total income in a sum of Rs.10,12,118/- in his income tax returns for the year 2019-20, but due to COVID19, there is reduction in his income and prays for reducing the interim maintenance in a sum of Rs.10,000/- per month. With this, he prayed to allow the petition.

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Per contra, the learned counsel for the respondent would contend that the Family Court considering the income of the petitioner, as shown in his income tax returns, has rightly awarded interim maintenance in a sum of Rs.12,000/- per month. There are no grounds for quashing interim maintenance as awarded by the Family Court. With this, he prayed to dismiss the petition.

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4 - NC: 2023:KHC-D:12861 WP No. 101175 of 2022

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The petitioner-husband is a business man having

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immoveable properties. The petitioner in his income tax returns filed for the year 2019-20, has shown his gross total income in a sum of Rs.10,12,118/-. The said income of the petitioner is prior to the period of COVID-19. As per the submission of the learned counsel for the petitioner, the income of the petitioner has been reduced. The trial Court taking into consideration the income of the petitioner, status of the respondent-wife, her economical dependency and the status of the parties, awarded interim maintenance of Rs.12,000/- per month. Considering the fact that COVID-19 has affected the income of this petitioner, the award of interim maintenance of Rs.12,000/- per month would be on a higher side and an amount of Rs.10,000/- per month would be a reasonable amount of interim maintenance. Any amount of interim maintenance granted would be subject to the result of the order to be passed on the main petition filed by the respondent seeking maintenance.

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In view of the above, the following order.

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5 - NC: 2023:KHC-D:12861 WP No. 101175 of 2022

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ORDER

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The petition is allowed in part.

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The order dated 17.01.2022 passed by the Family Court, Belagavi, in Crl.Misc. No.258/2019 is modified. The interim maintenance awarded in a sum of Rs.12,000/- per month from the date of the Application is reduced to Rs.10,000/- per month. The Family Court is directed to dispose of the main petition at the earliest.

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The Family Court shall not be influenced by the observations made by this Court while deciding main petition.

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Sd/JUDGE

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kmv ct:bck

Shri Imran S/O Riyazahmed Butler v. Smt. Sameena W/O Imran Butler

Case brief

What is this about?

What did the court decide?

Shri Imran S/O Riyazahmed Butler v. Smt. Sameena W/O Imran Butler

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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